Michael Pasterchik v. United States

In this appeal, which we deemed suitable for disposition without oral argument under Rule 3(a), U.S.Ct. of App. 9th Cir. Rules, Pasterchik seeks a reversal of the District Court’s Order denying his 28 U.S.C. § 2255 motion. He contends that the court erred by overlooking important defects in his two convictions and refusing to vacate them. We agree that one of Pasterchik’s convictions should be vacated, but as to the other, we agree with the District Court’s decision that the conviction should stand.

In 1968, Pasterchik was convicted of violating 15 U.S.C. § 902 (e) [possession of a firearm by a felon] and (g) [interstate transportation of a stolen firearm]. He received two concurrent sentences of three years’ imprisonment. We affirmed the convictions. Pasterchik v. United States, 400 F.2d 696 (9th Cir. 1968). After the trial was completed, the prior state felony conviction which supported the conviction under § 902(e) was vacated on constitutional grounds. Pasterchik argues that the § 902(e) conviction must therefore also be vacated. Since he raised this point promptly after the state conviction was vacated, we agree. McHenry v. California, 447 F.2d 470 (9th Cir. 1971); United…